SGN H.B. 438 75(R)BILL ANALYSIS


CORRECTIONS
H.B. 438
By: Alvarado
3-5-97
Committee Report (Unamended)

BACKGROUND 

In the December 1996 report entitled "Disturbing the Peace" , the Texas
Performance Review recommended that the Texas Department of Criminal
Justice implement random drug tests of inmates in order to enhance
security and reduce potential fraud.  TPR determined that the size, rapid
growth, and geographic distribution of the TDCJ's operations have created
an environment in which significant fraud and abuse can occur without
timely detection.  All too often, drugs may be smuggled into Texas jails
and prisons, creating an obvious breach of security.  Objective data on
the availability of drugs in prison could, therefore, serve as a useful
measure to evaluate the security of each prison unit, and identify
promising areas for investigations of fraud and abuse. 

Random inmate drug tests are widely used because they have proven to be an
effective security tool for managing incarceration facilities.  Wardens
find the data useful in detecting security breaches.  Random drug tests
also serve as a deterrent since inmates, visitors, and employees know that
tests are regularly conducted.  In addition, the results of drug tests can
be compared across prisons to identify those units with the most serious
problems. 

Federal funds may be available to partially fund the implementation of
this legislation.  In September 1996, the U.S. Justice Department
announced a new program--Residential Substance Abuse Treatment for State
Prisoners--that will provide $27 million in grants to states for inmate
drug-testing and treatment. 

PURPOSE

As proposed, H.B. No. 438 would establish mandatory, random drug testing
of inmates in facilities operated by or under contract with the TDCJ. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants additional
rulemaking authority in SECTION 1, Sec. 500.007, Government Code, to the
Board of Criminal Justice to implement a random drug testing program for
inmates. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 500, Government Code, by adding Section 500.007
as follows: 

Sec. 500.007.  TESTING FOR CONTROLLED SUBSTANCES. 

(a) Requires the board, after consultation with the Criminal Justice
Policy Council, by rule to implement a program to randomly test, for the
purpose of determining the presence of controlled substances, the breath,
blood, or other bodily substances of inmates housed in facilities operated
by or under contract with the department. 
(b)   Requires the department to annually test not less than five percent
of the inmates housed in facilities operated by or under contract with the
department. 
(c)   Requires the department to use the most cost-effective means
possible to perform the tests, and to actively seek grants from the
federal government or other sources to expand the program created under
this section. 

 SECTION 2.  Requires the Texas Board of Criminal Justice to implement the
mandatory drug testing program not later than January 1, 1998, and to
begin the testing of inmates for the presence of controlled substances not
later than that date. 

SECTION 3.  Effective date:  September 1, 1997.

SECTION 4.  Emergency clause.